relating to reserved matters without the restrictions imposed by section 29(2)(b) or (c) of, or Schedule 4 to, the Scotland Act 1998.

(5)In subsection (4), “reserved matters” means matters which are reserved matters for the purposes of the Scotland Act 1998.

(6)5In this Act, references to works authorised by this Act do not include works authorised by an order under this section.

50Power to apply Act to further high speed rail works

(1)A Transport and Works Act order which relates to a relevant Phase One matter may apply any provision of this Act, with or without modification, to anything 10authorised by the order, so far as relating to that matter.

(2)The following are “relevant Phase One matters”—

(a)a power exercisable or to be exercisable in connection with the works authorised by this Act,

(b)an extension of Phase One of High Speed 2, and

(c)15any other works carried out or to be carried out for Phase One purposes.

(3)A Transport and Works Act order which relates to an extension or works referred to in subsection (2)(b) and (c) may also provide for any provision of this Act to have effect as if Phase One of High Speed 2 included the extension 20or works.

(4)Section 13(2) of the Transport and Works Act 1992 (power of Secretary of State to refuse application on ground that objects of order sought could be achieved by other means) does not apply where, for purposes relating to the diversion of apparatus belonging to a utility undertaker, an application is made under 25section 6 of that Act for a Transport and Works Act order in relation to a relevant Phase One matter.

(5)Subsection (1) does not confer power to apply any of the following—

(6)In this section, “Transport and Works Act order” means an order under section 1 of the Transport and Works Act 1992.

51Rights of entry for further high speed rail works

(1)An authorised person may, in connection with a Bill or proposed Bill to 35authorise works for a high speed railway line in Great Britain, enter any land within 500 metres of the proposed route of the line for the purpose of—

(a)40in the case of residential land, if the person is authorised by a warrant issued by a justice of the peace (for residential land in England and Wales) or justice of the peace or sheriff (for residential land in Scotland);

(b)in the case of any other land, if the person is authorised in writing by the Secretary of State.

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(3)A person may only issue a warrant or give authorisation under subsection (2) if it appears to the person that—

(a)entry to the land for the purpose proposed is genuinely needed for purposes relating to the construction of the high speed railway line, 5and

(b)all reasonable attempts have been made to obtain consent to enter the land.

(4)The reference in subsection (1) to a proposed Bill is to a Bill proposed in a Command Paper which the Secretary of State has presented to Parliament at 10any time in the previous five years.

(5)A right to enter land under subsection (1) includes power—

(a)to take samples of anything in or on the land for the purpose for which the right of entry is exercised,

(b)to take on to the land such other persons as may be necessary, and

(c)15to take vehicles and equipment on to the land.

(6)A right to enter land under subsection (1)(a) also includes power—

(a)to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals or other matter in it (subject to section 52), and

a garden, yard, private garage or outbuilding which is used and enjoyed wholly or mainly with a dwelling, or

(c)

30in the case of a building which includes one or more dwellings, any part of the building which is used and enjoyed wholly or mainly with those dwellings or any of them.

(8)The reference in subsection (1) to a high speed railway line in Great Britain does not include one which starts, ends and remains in Scotland.

(9)35For the purposes of subsection (1), distance is to be measured from the centre line of the proposed route.

(10)The Secretary of State may by order—

(a)amend subsection (1) so as to substitute a different distance for the distance specified in it;

(b)40provide, in relation to any class of case, that subsection (1) is to have effect as if a different distance were specified in it.

(11)An order under this section is to be made by statutory instrument; and a statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

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52Exercise of rights of entry

(1)A warrant or other authorisation under section 51 is valid for a period of six weeks beginning with the day on which it is issued or given.

(2)A right of entry under section 51(1) is exercisable at any reasonable time.

(3)5A person authorised under section 51 to enter any land—

(a)must, if so required, produce evidence of the person’s warrant or other authorisation, and state the purpose of entry, before entering,

(b)may not demand admission as of right to any land which is occupied unless 14 days’ notice of the intended entry has been given to the 10occupier, and

(c)must comply with any other conditions subject to which the warrant or other authorisation is given.

(4)A person who wilfully obstructs another in the exercise of the power under section 51(1) commits an offence; and a person guilty of such an offence is liable 15on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)Where any damage is caused to land or other property—

(a)in the exercise of a right of entry conferred by section 51(1), or

(b)in the carrying out of a survey for the purposes of which any such right of entry has been conferred,

20compensation may be recovered by any person suffering the damage from the person exercising the right of entry.

(6)Any dispute as to a person’s entitlement to compensation under subsection (5), or as to the amount of compensation, must be determined—

(a)in England and Wales, under and in accordance with Part 1 of the Land 25Compensation Act 1961;

(b)in Scotland, by the Lands Tribunal for Scotland (and sections 9 and 11 of the Land Compensation (Scotland) Act 1963 apply).

(7)No person may carry out works referred to in section 51(6)(a) (searching and boring) unless notice of the person’s intention to do so was included in the 30notice required by subsection (3)(b).

(8)The authority of the appropriate minister is required for the carrying out of works referred to in section 51(6)(a) if—

(a)the land in question is held by statutory undertakers, and

(b)they object to the proposed works on the ground that carrying them out 35would be seriously detrimental to the carrying on of their undertaking.

(9)In this section—

“appropriate minister” means—

(a)

in the case of land in Wales held by a water or sewerage undertaker, the Welsh Ministers,

(b)

40in the case of land in Scotland in respect of which any functions in relation to statutory undertakers have been transferred by or under the Scotland Act 1998 to the Scottish Ministers, the Scottish Ministers, and

(c)

in any other case, the Secretary of State;

45“statutory undertakers” means—

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(a)

in England and Wales, persons who are, or who are deemed to be, statutory undertakers for the purposes of Part 11 of the Town and Country Planning Act 1990, and

(b)

in Scotland, persons who are, or who are deemed to be, 5statutory undertakers for the purposes of Part 10 of the Town and Country Planning (Scotland) Act 1997.

The Crown

53Application of powers to Crown land

(1)The powers conferred on the nominated undertaker under this Act may be 10exercised in relation to Crown land with the consent of the Crown authority.

(2)The power conferred under section 51 (rights of entry for further high speed rail works) may be exercised in relation to Crown land with the consent of the Crown authority.

(3)The Crown authority may give consent under this section—

(a)15subject to conditions, and

(b)notwithstanding anything in any lease or other grant granted by or to that authority.

(4)In this Act, “Crown land” means land in which there is—

(a)an interest belonging to a government department or held in trust for 20Her Majesty for the purposes of a government department,

(b)an interest belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder,

(c)an interest belonging to Her Majesty in right of the Crown, or

(d)25an interest belonging to Her Majesty in right of the Duchy of Lancaster.

(5)In this Act, “Crown authority”, in relation to any Crown land, means—

(a)in a subsection (4)(a) case, the government department in question;

(b)in a subsection (4)(b) case, the Scottish Ministers;

(c)in a subsection (4)(c) case—

(i)30if the land forms part of the Crown Estate, the Crown Estate Commissioners, and

(ii)in any other case, the government department having management of the land;

(d)in a subsection (4)(d) case, the Chancellor of the Duchy of Lancaster.

(6)35If for the purposes of this section a question arises as to which authority is the Crown authority for any land—

(a)the question is to be decided by the Treasury, and

(b)the Treasury’s decision is final.

(7)In subsection (4)(b) “office-holder in the Scottish Administration” has the 40meaning given by section 126(7) of the Scotland Act 1998.

54Highways for which Secretary of State is highway authority

(1)The powers conferred on the nominated undertaker under this Act with respect to works may be exercised in relation to a highway for which the

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Secretary of State is the highway authority with the Secretary of State’s consent.

(2)The Secretary of State may give consent subject to conditions.

55Crown Estate

5Section 3(1) and (2) of the Crown Estate Act 1961 (limitations on Crown Estate Commissioners’ powers of disposal in relation to land under their management) do not apply in relation to land within the Act limits which appears to the Crown Estate Commissioners to be required for Phase One purposes.

5610Royal parks

(1)The Secretary of State may grant a lease of royal park land within the Act limits if it appears to the Secretary of State that the land is required for Phase One purposes.

(2)A lease may be granted under subsection (1) for such period, for such 15consideration (if any) and otherwise on such terms as the Secretary of State thinks fit.

(3)The Secretary of State may grant an easement or other right over royal park land within the Act limits if it appears to the Secretary of State that the easement or right is required for Phase One purposes.

(4)20An easement or other right may be granted under subsection (3)—

(a)in fee simple or for such period as the Secretary of State thinks fit, and

(b)for such consideration (if any) and otherwise on such terms as the Secretary of State thinks fit.

Deposited plans and sections

57“Deposited plans” and “deposited sections”

(1)In this Act “deposited plans” and “deposited sections” mean, respectively, the plans and sections deposited in November 2013 in connection with the High 30Speed Rail (London - West Midlands) Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.

(2)A copy of the deposited plans or deposited sections, or any extract from those plans or sections, certified as such by the Secretary of State is admissible in any proceedings as evidence of its contents.

5835Correction of deposited plans

(1)If the deposited plans or the book of reference to those plans are inaccurate—

(a)in their description of any land, or

(b)in their statement or description of the ownership or occupation of any land,

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the Secretary of State, after giving not less than 10 days’ notice to the owners and occupiers of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference.

(2)5If on such an application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices—

(a)must certify accordingly, and

(b)must in their certificate state in what respect a matter is misstated or wrongly described.

(3)10A certificate under subsection (2) must be deposited in the office of the Clerk of the Parliaments, and a copy of it must be deposited—

(a)in the Private Bill Office of the House of Commons, and

(b)with the proper officer of each local authority in whose area the land to which the certificate relates is situated.

(4)15Upon deposit of the certificate—

(a)the deposited plans or the book of reference are deemed to be corrected according to the certificate, and

(b)it is lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or book of reference 20had always been in the corrected form.

(5)A copy certificate deposited under subsection (3) must be kept with the documents to which it relates.

(6)A justice of the peace may act under this section in relation to land which is partly in one area and partly in another if the justice may act in respect of land 25in either area.

(7)In this section—

“book of reference” means the book deposited in November 2013 in connection with the High Speed Rail (London - West Midlands) Bill in the office of the Clerk of the Parliaments and the Private Bill Office of 30the House of Commons;

“local authority” means a unitary authority or, in a non-unitary area, a county council.

Miscellaneous and general

59Environmental Impact Assessment Regulations

(1)35The Environmental Impact Assessment Regulations have effect as if the definition of “EIA development” in regulation 2(1) included any development not included in paragraph (a) or (b) of the definition where—

(a)the development consists of the construction of a building in place of a building demolished, or substantially demolished, in exercise of the 40powers conferred by this Act,

(b)the development does not have deemed planning permission under section 19(1),

(c)the development is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and

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(d)the development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

(2)The condition in subsection (1)(d) does not apply where the building referred to in subsection (1)(a) is—

60Arbitration

(1)Where under this Act any difference is to be referred to arbitration, the difference is to be referred to, and settled by, a single arbitrator to be agreed 15between the parties or, in default of agreement, to be appointed on the application of either party, after notice to the other, by the President of the Institution of Civil Engineers.

(2)Subsection (3) applies where—

(a)a party has under subsection (1) applied for the arbitrator to be 20appointed by the President of the Institution of Civil Engineers, and

(b)the President notifies either of the parties that he or she is not going to appoint an arbitrator under subsection (1).

(3)In default of agreement between the parties as to who in the circumstances should be the arbitrator, the arbitrator is to be appointed on the application of 25either party, after notice to the other, by the Office of Rail Regulation.

(4)The Office of Rail Regulation may under subsection (3) appoint a member or employee of that Office as the arbitrator.

(5)The Secretary of State for Communities and Local Government and the Secretary of State for Transport acting jointly may by rules make provision 30about procedure in relation to arbitration under this Act.

(6)Rules under subsection (5) must be made by statutory instrument; and a statutory instrument containing such rules is subject to annulment in pursuance of a resolution of either House of Parliament.

61Notices and other documents

(1)35A notice or other document required or authorised to be given to a person for the purposes of this Act may be given by—

(a)transmitting the text of the notice or document to the person by agreed electronic means (for example, by email to an agreed address),

(b)delivering it to the person or sending it by post to the person at the 40person’s last known address,

(c)if the person is a body corporate, delivering it to the secretary of the body corporate or sending it by post to the secretary of the body corporate at its registered or principal office within the United Kingdom, or

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(d)if the person is a partnership, delivering it to a partner of the partnership or a person having control or management of the partnership business, or sending it by post to such a partner or person at the principal office of the partnership.

(2)5For the purposes of subsection (1), any person to whom a notice or other document is to be given may specify a different address within the United Kingdom as the one to which the notice or document must be sent.

(3)Where a notice or document is given to a person in accordance with subsection (1)(a) and, within 7 days of receiving it, the person requests a copy of the notice 10or document in printed form, the sender must provide such a copy as soon as reasonably practicable.

(4)Subsection (1)(a) does not apply to the giving of a notice under section 52(3)(b).

(5)Subsection (6) applies where—

(a)a document is required or authorised to be given to a person for the 15purposes of this Act as the owner of an interest in, or occupier of, any land, and

(b)the person’s name or address cannot be ascertained after reasonable enquiry.

(6)The document may be given to the person by addressing it to the person by 20name or by the description of “owner” or “occupier” (as the case may be) of the land and—

(a)leaving it with a person who is, or appears to be, resident or employed on the land, or

(b)leaving it conspicuously affixed to some building or object on or near 25the land.

(7)Any notice given for the purposes of this Act must be in writing.

(8)In this section—

“secretary”, in relation to a local authority within the meaning of the Local Government Act 1972, means the proper officer within the meaning of 30that Act;

references to giving a document include similar expressions (such as serving).

Interpretation

62“Phase One purposes”

35References in this Act to anything being done or required for “Phase One purposes” are to the thing being done or required—

(a)for the purposes of or in connection with the works authorised by this Act,

(b)for the purposes of or in connection with trains all or part of whose 40journey is on Phase One of High Speed 2, or

(c)otherwise for the purposes of or in connection with Phase One of High Speed 2 or any high speed railway transport system of which Phase One of High Speed 2 forms or is to form part.

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63Interpretation

(1)In this Act—

“Act limits” is to be construed in accordance with subsection (2) of this section;

5“allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

“bridleway”, “carriageway”, “footpath” and “footway” have the same meanings as in the Highways Act 1980;

“burial ground” means—

(a)

10a churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of burial, or

(b)

any other place of burial;

“common” includes any land subject to be enclosed under the Inclosure 15Acts 1845 to 1882;

“covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill” is to be construed in accordance with subsection (4) of this section;

“Crown authority” has the meaning given by section 53(5);

20“Crown land” has the meaning given by section 53(4);

“deposited plans” and “deposited sections” have the meanings given by section 57;

“deposited statement” means a statement deposited in connection with the High Speed Rail (London - West Midlands) Bill in the Private Bill 25Office of the House of Commons in November 2013 in pursuance of Standing Order 27A of the Standing Orders of the House of Commons relating to private business (environmental assessment);

“development” has the same meaning as in the Town and Country Planning Act 1990;

30“enactment” means either of the following (or a provision of either of the following)—

(a)

an Act (including a local or private Act), or

(b)

any subordinate legislation, within the meaning given by section 21 of the Interpretation Act 1978;

“held” is to be construed in accordance with subsection (3) of this section (in the case of a reference to land or a building held by the nominated 40undertaker);

“highway” and “highway authority” have the same meanings as in the Highways Act 1980;

“limits of deviation” means the limits of deviation which are shown on the deposited plans (which are the limits of deviation for the scheduled 45works);

“limits of land to be acquired or used” means the limits of land to be acquired or used which are shown on the deposited plans;

“nominated undertaker” is to be construed in accordance with section 43;

“non-unitary area” means an area for which there is both a district and a 50county council;

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“open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

“owner”, in relation to any land, has the same meaning as in Part 1 of the Acquisition of Land Act 1981 (but this does not apply to Schedule 13, 5which has its own definition);

“Phase One of High Speed 2” has the meaning given by section 1(3);

“Phase One purposes” is to be construed in accordance with section 62;

“scheduled works” has the meaning given by section 1(2);

“unitary authority” means—

(a)

10a county council, so far as its area is not part of the area of a district council,

(b)

a district council whose area is not part of the area of a county council, or

(c)

a London borough council;

15“utility undertaker” means—

(a)

a gas transporter within the meaning of Part 1 of the Gas Act 1986,

(b)

the holder of a licence under Part 1 of the Electricity Act 1989,

(c)

a water undertaker or sewerage undertaker,

(d)

20a local authority (within the meaning of the Water Industry Act 1991) which is a relevant authority for the purposes of section 97 of that Act, or

(e)

the operator of an electronic communications code network (within the meaning given by paragraph 1(1) of Schedule 17 to 25the Communications Act 2003).

(2)For the purposes of this Act, land or any other thing is within the Act limits if it is—

(a)within the limits of deviation for the scheduled works, or

(b)within the limits of land to be acquired or used,

30and references to the doing of anything within the Act limits are to be construed accordingly.

(3)References in this Act to land or a building held by the nominated undertaker include references to land or a building in the nominated undertaker’s temporary possession.

(4)35For the purposes of this Act, development is covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill if it is development in relation to which information contained in a deposited statement constituted, at the time of the statement’s deposit or publication, an environmental statement within the meaning of the 40Environmental Impact Assessment Regulations.

(5)In this Act—

(a)a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans;

(b)45a reference to a work identified by numbers (or numbers and a letter) is a reference to the scheduled work of those numbers (or those numbers and letter);

(c)a reference to a sheet identified by numbers is a reference to the sheet of those numbers contained in the deposited plans;